Garfield & Hecht, P.C. HOA Legislative Update 16:27, August 14, 2018

Category: Vail HOA

LEGISLATIVE UPDATE From HOA Budgets to Community Association Managers  Once again our legislature has modified the Colorado Common Interest Ownership Act in Colorado (“CCIOA”). The newest change involves House Bill 18-1342 (effective July 1, 2018) and Pre-CCIOA communities budgeting process. A Pre-CCIOA association is a community created prior to July 1, 1992.  Only portions of […]

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On May 1, 2017, the Colorado Supreme Court issued its opinion in McShane v. Stirling Ranch Property Owners Association, Inc. The decision determined that an exculpatory clause in a homeowners association’s governing documents that limited liability for the association’s board and agents did not exculpate the association itself. McShane purchased property located within the Stirling […]

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HOMEOWNERS’ ASSOCIATIONS ABILITY TO SUE DEVELOPERS LIMITED BY REFORM LEGISLATION When a developer’s control over a condominium project passes to the homeowners’ association (“HOA”), the HOA may sue the developer for construction defects (real or perceived). There is an industry of lawyers that take on these cases. Due to the risk of construction defect litigation […]

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